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June 2009 |
NEXT
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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, June 9, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16881 John S. Divine, IV, Respondent, v. Josette A. Robbins, Appellant. K. Douglas Thornton, of Conway, for Appellant. Martha L Hamel, of Pawleys Island, for Respondent. Carroll D Padgett, Jr., of Loris, Guardian Ad Litem. Josette Robbins appeals the family court's decision to grant custody of her and John Divine's minor child to Mr. Divine. Ms. Robbins claims that the family court's ruling was erroneous because (1) the court placed undue weight on Mr. Divine's expert witness' testimony, (2) the court improperly exercised its discretion on several evidentiary rulings, (3) the court improperly determined credibility issues regarding the parties and their witnesses, and (4) Ms. Robbins' trial counsel was ineffective, which deprived her of substantive due process and a meaningful hearing.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16892 Daniel K. Brookshire and Debi Baker Brookshire, Appellants, v. Toby Blackwell, Lauren Chambers Blackwell a/k/a Lauren Kristen Chambers, Minor Child A under the age of 14 years, and Minor Child B under the age of 14 years, Defendants, Of Whom Lauren Chambers Blackwell a/k/a Lauren Kristen Chambers is the Respondent. Robert L. Jackson, of Columbia, for Appellants. J. J Taylor, of Columbia, for Respondent. Sabine S Boulware, of Columbia, Guardian Ad Litem. Daniel and Debi Brookshire appeal the family court's dismissal of their action to adopt two children over whom the Brookshires held full custody. The Brookshires assert the trial court erred as a matter of law by using the minimum contacts standard in refusing to exercise personal jurisdiction over the respondent, who is a biological parent and a resident of Alabama.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16199 The State, Respondent, v. Terry Lamonte Pendergrass, Appellant. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, and Assistant Attorney General Michelle J. Parsons, of Columbia, for Respondent and Solicitor Douglas A Barfield, Jr., of Lancaster, for Respondent. In this criminal matter, Pendergrass appeals his conviction for assault and battery with intent to kill (ABWIK) arguing the trial court erred in refusing to give a requested jury charge. Pendergrass further asserts the trial court erred in refusing to conduct an evidentiary hearing regarding two instances of alleged juror misconduct.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16985 The State, Respondent, v. Lemond Corneilus Holland, Appellant. Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., of Office of the Attorney General, of Columbia, and Solicitor John G Hembree, of Conway, for Respondent. Appellant Lemond Holland challenges his conviction for murder, assault and battery with intent to kill, and possession of a weapon during the commission of a violent crime. Holland contends the circuit court committed reversible error in failing to instruct the jury on voluntary manslaughter and in admitting evidence that was unduly prejudicial in violation of Rule 403, SCRE.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
16514 The State, Respondent, v. Garry L. Valentine, Appellant. Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, and Solicitor John G. Hembree, of Conway, for Respondent. Garry L. Valentine appeals his conviction for trafficking cocaine, arguing the trial court erred in admitting the drug evidence obtained from a confidential informant because the chain of custody was defective.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
16574 Monica Weston, Appellant, v. Kim's Dollar Store and CIBA Vision, a division of Norvartis Company, Respondents. Robert L. Widener, Celeste T. Jones, A. Victor Rawl, Jr.. and Andrew G. Melling, of Columbia, for Appellant. Curtis L. Ott, of Columbia, for Respondent CIBA Vision. Keith D. Munson and Sandi R. Wilson, of Greenville, for Respondent CIBA Vision. Daniel T. Sullivan, of Columbia, for Respondent Kim's Dollar Store. Monica Weston sued CIBA Vision after she wore CIBA's contact lenses and subsequently suffered an eye infection. The trial court granted summary judgment to CIBA on the basis that federal law preempts South Carolina law in this product liability case. On appeal, Weston argues genuine issues of material fact existed, the trial court lacked jurisdiction to determine whether the contact lenses at issue were federally regulated, and the trial court erred in refusing to amend or clarify its summary judgment order.
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Wednesday, June 10, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
17073 Auto-Owners Insurance Company, Appellant, v. Samuel W. Rhodes, Piedmont Promotions, Inc. and Marion L. Eadon d/b/a C&B Fabrications, C&B Fabrications, Inc. and Low Country Signs, Inc., Respondents. A. Johnston Cox and John L. McCants, of Columbia, for Appellant. Hoover C. Blanton, of Columbia, and Creighton B. Coleman, of Winnsboro, for Respondents Samuel W. Rhodes and Piedmont Promotions. William O. Sweeny, of Columbia, for Respondents Marion Eadon d/b/a C&B Fabrications and Low Country Signs. Auto-Owners appeals the circuit court's order in this declaratory judgment action. Auto-Owners asserts the circuit court erred in denying it relief pursuant to its Rule 60(b)(2), (4) and (5) motions, as well as finding Auto-Owners owed Marion Eadon a duty of indemnification pursuant to the policy at issue.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16852 South Carolina Department of Transportation, Respondent, v. James K. Pratt and the Citizens Bank, Mortgagee, other Condemnee, Defendants, of Whom James K. Pratt is the Appellant. Larry G. Reddeck, of Lake City, for Appellant. James C. Rushton, III, of Florence, for Respondent. From Florence County, this appeal arises from a condemnation action in which Appellant, James Pratt, demanded a jury trial. At trial, Appellant sought to introduce testimony and other evidence of cost-to-cure and adjustment costs, which the trial court excluded. A jury returned a verdict in favor of Appellant for $6,900. Appellant argues on appeal that the trial court erred in excluding the cost-to-cure and adjustment cost evidence.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16921 Too Tacky Partnership, Appellant v. South Carolina Department of Health and Enviromental Control and Mayo Read, Jr., Respondents John B. Seibels, Jr., and Jason Scott Luck, of Charleston, for Appellant. Richard L. Tapp, and Stephen P. Groves, Sr., of Charleston, for Respondent Mayo Read, Jr. Elizabeth Applegate Dieck, of Charleston, Carlisle Roberts, Jr., of Columbia, and Davis A. Whitfield-Cargile, of North Charleston, for Respondent SC Department of Health and Enviromental Control. Too Tacky, Inc. appeals the circuit court's order affirming DHEC's grant of a critical area permit for the construction of a dock by neighboring landowner, Mayo Read, Sr. Too Tacky contends Read filed a false and incomplete application for the permit, did not establish ownership of the property at issue, and failed to establish any "abnormal" circumstances warranting issuance of the permit. Too Tacky further argues the circuit court did not give appropriate consideration to the impact of Read's dock on neighboring properties.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16922 Kathleen Ragin Bennett, Respondent, v. Cracker Barrel Old Country Store, Employer, Gallagher Bassett, Carrier, Appellants. Darryl D. Smalls, of Columbia, for Appellants. Richard W. SImmons, II, of Columbia, for Respondent. After suffering a shoulder injury at work, Kathleen Ragin Bennett sought workers' compensation benefits from her employer, Cracker Barrel Old Country Store, and its insurance carrier, Gallagher Bassett, (collectively "Cracker Barrel"). The single commissioner and the Appellate Panel of the Workers' Compensation Commission awarded her benefits based upon her hourly wage and reported tips, and the circuit court reversed. Cracker Barrel appeals from the circuit court's order requiring recalculation of Bennett's average weekly wage and compensation rate.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
16948 Mark Craft, Appellant, v. South Carolina Commission for the Blind, Respondent. Ralph L. Gleaton, II, of Greenville for Appellant. Melvin D. Bannister, of Columbia, for Respondent. The appellant contends the trial court erred in: (i) denying recovery under promissory estoppel; (ii) finding promissory estoppel is a quasi-contract action; and (iii) finding that recovery under promissory estoppel is barred by the South Carolina Tort Claims Act.
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Tuesday, June 23, 2009 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16197 The State, Respondent, v. Kevin Cornelius Odems, Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia, and Solicitor Kevin S Brackett, of York, for Respondent. Kevin Cornelius Odems appeals his convictions related to a burglary contending the trial court erred in denying his motion for directed verdict when no direct evidence linked him to the crime. Odems argues his presence in the getaway car after the crime and his fleeing the scene when stopped by police do not amount to substantial circumstantial evidence warranting submission of the case to the jury.
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Wednesday, June 24, 2009 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
17318 John and Jane Doe, Johnny and Janie Roe and Jonathan and Janet Moe, Respondents v. Alvin T., Katherine T., Respondents v. Kay B., Robert B., Defendants of whom Robert B. is the Appellant. Elizabeth B. Robertson, of Greenville, for Appellant. Chace D. Campbell, of Greenville, for Respondents Doe, Roe, and Moe. Robert A. Clark, of Greenville, for Respondents T. Amanda Craven, of Spartanburg, Guardian ad Litem. Father contends the family court erred in terminating his parental rights to three minor children, and thereafter, granting Respondents' petitions to adopt the children.
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Wednesday, June 10, 2009 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16849 Willie G. McCrea, Employee, Respondent, v. City of Georgetown, Employer, and South Carolina Municipal Insurance Trust, Carrier Appellants. J. Hubert Wood, III, and Jason A. Williams, of Charleston, for Appellants. Steve Wukela, Jr., of Florence, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16975 Barney W. Williams, Respondent, v. Bucky Watkins, Appellant. G.Turner Perrow and Franklin D. Beattie, Jr., of Georgetown, for Appellant. David C. Holler, of Sumter, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
16157 The State, Respondent, v. Marion Wayne Oglesby, Appellant. Hemphill P. Pride, II, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Office of the Attorney General, of Columbia, and Solicitor Kevin S. Brackett, of York, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
17013 Harvey L. Foster, Respondent v. Gary Foster, Jean F. Burbage, Mike Foster and Jean Burbage as Trustee, Appellants. J. J Wilkes, of Greenville, for Appellants. Rhett D Burney, of Laurens, for Respondent.
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Cases to be Submitted Without Oral Argument | |
15273 |
The State,Respondent, v. Mark Bolte,Appellant.
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15636 |
The State,Respondent, v. Robert Clyde Clayton,Appellant.
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16165 |
Traci Mack,Appellant, v. Trudy Bull,Respondent.
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16388 |
The State,Respondent, v. James Kevin Williams,Appellant.
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16396 |
The State,Respondent, v. ,Wayne Johnson,Appellant.
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16517 |
The State,Respondent, v. Donald Thomas Wetherall,Appellant.
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16558 |
The State,Respondent, v. ,James Gregory Jayne,Appellant.
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16563 |
The State,Respondent, v. ,Bobby Shey Rathburn,Appellant.
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16565 |
In The Interest of Victor F., A Minor Under The Age of Seventeen,Appellant.
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16586 |
The State,Respondent, v. Jessica Mote,Appellant.
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16587 |
The State,Respondent, v. Samuel M. Odom,Appellant.
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16588 |
The State,Respondent, v. Heidi N. Meetze,Appellant.
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16591 |
The State,Respondent, v. Ronald Reese,Appellant.
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16592 |
The State,Respondent, v. Michael James McFetridge, II,Appellant.
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16593 |
The State,Respondent, v. ,Tyrone Prince Singletary,Appellant.
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16594 |
The State,Respondent, v. Garrett T. Motley,Appellant.
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16602 |
The State,Respondent, v. Aaron Xavier Jacobs, Appellant.
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16603 |
The State,Respondent, v. Jonathan Ross Ashley,Appellant.
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16605 |
The State,Respondent, v. Terry D. Campbell, #2,Appellant.
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16606 |
The State,Respondent, v. Brian H. Gregory,Appellant.
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16607 |
The State,Respondent, v. Lex Bry Darnell,Appellant.
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16608 |
The State,Respondent, v. Barbara E. Bins,Appellant.
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16609 |
The State,Respondent, v. Ramona Holmes,Appellant.
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16629 |
The State,Respondent, v. Jerry Belk,Appellant.
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16631 |
The State,Respondent, v. Jerald Davis,Appellant.
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16643 |
The State,Respondent, v. Quincy Maurice Nash,Appellant.
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16648 |
Rea Contracting, LLC., a North Carolina Limited Liability Company,Respondent, v. Douglas Smith Backhoe and Excavating, Inc., a South Carolina Corporation and Douglas Smith Individually,Appellant.
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16649 |
Carrie Y. Steele,Appellant, v. William L. Steele, Jr.,Respondent.
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16671 |
The State,Respondent, v. Sederick Antoine Talford,Appellant.
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16672 |
The State,Respondent, v. ,Syllester D. Taylor,Appellant.
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16697 |
The State,Respondent, v. Maverick Deasman,Appellant.
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16703 |
The State,Respondent, v. Phillip Miles Miller,Appellant.
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16714 |
The State,Respondent, v. ,Willie Bell, Jr.,Appellant.
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16729 |
The State,Respondent, v. Julius Bowman,Appellant.
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16730 |
The State,Respondent, v. Tony Anthony Foggie,Appellant.
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16788 |
State of South Carolina,Plaintiff, v. Patrice D. Cleveland,Appellant,In Re:AD Bail Bonding,Respondent.________________________State of South Carolina,Plaintiff, v. Yashica N. Cleveland,Appellant,In Re:AD Bail Bonding,Respondent.
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16789 |
The State,Appellant, v. Travis Smith,Respondent.
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16790 |
Charles Adams,Respondent, v. The State,Appellant.
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16792 |
The State,Respondent, v. Nearin G. Blackwell-Selim,Appellant.
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16793 |
Carolyn Holmes,Appellant v. National Service Industries, Inc., and New Hampshire Insurance Company c/o Gallagher Bassett Services, Inc.,Respondents
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16831 |
W. Thomas Miller,Appellant, v. Point Arcadia Horizontal Property Regime, Inc., Mr. Bill Lucas, President of Board of Directors, Sandra Levy, Vice President,Respondents.
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16832 |
W. Thomas Miller,Appellant, v. Diane Fleming,Respondent.
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16833 |
Jennifer Runion, as a Personal Representative of the Estate of Dennis Runion,Respondent, v. Nancy Runion,Appellant.
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16916 |
Deborah Kay Hackworth and Edman Hackworth,Respondents v. Greywood At Hammett, LLC,Appellant
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16984 |
William A. Harris,Appellant v. Ideal Solutions, Inc., Carolina Pay, Inc., Steven A. Ivester and Michael Surprenant,Respondents
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16919 |
Evan and Leslie Jones,Appellants v. SC Department of Health and Environmental Control and Arthur Moore,Respondents.
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